Opinion
Nos. 13-02-716-CV, 13-03-004-CV.
Opinion Delivered and Filed: February 14, 2003.
On Petitions for Writ of Mandamus.
Before Justices YANEZ, CASTILLO, and GARZA.
MEMORANDUM OPINION.
Relators filed petitions for writ of mandamus in the above causes on December 18, 2002 and January 3, 2003, respectively. This Court requested responses from the real parties-in-interest in both of which were filed timely. We also set both causes for submission and oral argument in the Corpus Christi office of this Court for Wednesday, February 19, 2003, at 9:00 a.m. Associates Housing Finance filed a request for joinder in cause no. 13-03-004-CV on January 30, 2003.
The term of the respondent in both causes, the Honorable Martha Huerta, ended December 31, 2002. The term of the new sitting judge started January 1, 2003. Mandamus is personal to the judge. In re Roseland Oil Gas, Inc., 68 S.W.3d 784, 786 (Tex. App.-Eastland 2001, orig. proceeding); see Jampole v. Touchy, 673 Tex. 449, 360 S.W.2d 402, 403 (1962) (orig. proceeding) (per curiam). Mandamus will not lie against a successor judge in the absence of refusal by the new judge to grant the relief the relator seeks. Olsen, 360 S.W.2d at 403.
Relators' petitions for writ of mandamus, which challenge Judge Huerta's order compelling arbitration in part and denying arbitration in part, are moot. Olsen, 360 S.W.2d at 403. Nothing in the record before us discloses that the relators have sought reconsideration of the order from the current sitting judge. Therefore, our prior orders setting submissions and oral arguments for February 19, 2003 are VACATED, and the petitions for writ of mandamus are DENIED.